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Reasons
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(영문) 대구지방법원경주지원 2020.02.05 2019가단10944
건물등철거
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1. The defendant shall be the plaintiff.

A. Of the 1,021 square meters in racing-si, indication of the attached Form 21, 27, 28, 29, 30, 31, 32, 33, 22, and 21.

Reasons

1. Facts of recognition;

A. On August 16, 1994, the Plaintiff completed the registration of ownership transfer with respect to the land of 1,021 square meters (hereinafter “instant land”).

B. At around 1974, the Defendant: (a) purchased from Nonparty D, the former owner of the instant building, and resided in the said building; (b) removed the above (c) of the instant building; (c) removed the ground building from the said building; and (c) newly constructed the instant building in order to newly construct the instant building [Attachment 21, 27, 28, 29, 30, 31, 32, 33, 22, 22, and 21, in order to connect each point of the (c) parts of the ground and the same drawings; and (d) parts of the ground walls and 30 square meters of the 34,9,10,35,34, in sequence; (c) newly constructed the instant building in the order of 21,27, 28, 29, 30, 31, 32, 32, 332, 23, 232, and 25, respectively, in the order of the instant land];

[hereinafter] Each building of this case collectively referred to as "each building of this case (c) and (d)."

Order No. 1-b

Land listed in the subsection (hereinafter “instant dispute land”) is used as the site and mail of each of the instant buildings.

From around 1974, the Defendant succeeded to the lessee status of the lease agreement on the instant dispute land concluded between the aforementioned D and the former owner of the instant land (hereinafter “instant lease agreement”) and paid a yearly rent.

Since the Plaintiff acquired ownership of the instant land, the Plaintiff succeeded to the lessor status of the instant lease agreement, and the Defendant paid the Plaintiff annual rent. The Defendant paid KRW 36,000 to the Plaintiff for annual rent in 2017.

E. From around 2018, the Plaintiff refused to receive the annual rent and demanded the Defendant to deliver the instant dispute land.

F. From January 1, 2019 to June 30, 2019, land in the instant dispute.

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